Section 4259 - Criteria for Rehabilitation-Suspension or Revocation(a) When considering the suspension or revocation of a license or certificate on the ground that the holder of the license or certificate has been convicted of a crime, the Committee shall consider whether the licensee or certificate holder made a showing of rehabilitation, if the licensee or certificate holder completed the criminal sentence at issue without a violation of parole or probation. In making this determination, the Committee shall consider the following criteria: (1) The nature and gravity of the crime(s).(2) The length(s) of the applicable parole or probation period(s).(3) The extent to which the applicable parole or probation period was shortened or lengthened, and the reason(s) the period was modified.(4) The terms or conditions of parole or probation and the extent to which they bear on the licensee's or certificate holder's rehabilitation.(5) The extent to which the terms or conditions of parole or probation were modified, and the reason(s) for the modification.(b) If the licensee or certificate holder has not completed the criminal sentence at issue without a violation of parole or probation, the Committee determines that the licensee or certificate holder did not make the showing of rehabilitation based on the criteria in subdivision (a), the suspension or revocation is based on a disciplinary action as described in Section 141 of the Code, or the suspension or revocation is based on unprofessional conduct as defined in Section 3662 of the Code, the Committee shall apply the following criteria in evaluating the licensee's or certificate holder's rehabilitation: (1) The nature and gravity of the act(s), disciplinary action(s), unprofessional conduct, or crime(s) under consideration as grounds for suspension or revocation.(2) Evidence of any act(s), disciplinary action(s), unprofessional conduct, or crime(s) committed subsequent to the act(s), disciplinary action(s), unprofessional conduct, or crime(s) under consideration as grounds for suspension or revocation.(3) The time that has elapsed since commission of the act(s), disciplinary action(s), unprofessional conduct, or crime(s) referred to in paragraph (1) or (2).(4) Whether the licensee or certificate holder has complied with any terms of probation, parole, restitution or any other sanctions lawfully imposed against the licensee or certificate holder.(5) The criteria in subdivision (a)(1)-(5), as applicable.(6) If applicable, evidence of dismissal proceedings pursuant to Section 1203.4 of the Penal Code.(7) Evidence, if any, concerning the degree to which a false statement relative to application for licensure or certification may have been unintentional, inadvertent, or immaterial.(8) Efforts made by the licensee or certificate holder either to correct a false statement on an application for licensure or certification or to conceal the truth concerning facts required to be disclosed on an application for licensure or certification.(9) Evidence, if any, of rehabilitation submitted by the licensee or certificate holder.(c) When considering a petition for reinstatement of a license or certificate under the provisions of Section 11522 of the Government Code, the Committee shall evaluate evidence of rehabilitation submitted by the petitioner considering those criteria specified in Section 4258 of this article.Cal. Code Regs. Tit. 16, § 4259
1. New section filed 8-4-2021; operative 8-4-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 32). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20. Note: Authority cited: Sections 481, 482 and 3622, Business and Professions Code. Reference: Sections 141, 481, 482, 490, 493 and 3662, Business and Professions Code.
1. New section filed 8-4-2021; operative 8/4/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 32). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.